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(영문) 대전지방법원 2017.11.22 2017나102547
용역비
Text

1. Revocation of the first instance judgment.

2. The Defendants are jointly and severally liable to the Plaintiff for the payment of KRW 9,806,120 as well as the payment thereof on January 26, 2016.

Reasons

1. Basic facts

A. The status of the parties 1) Defendant A, a medical corporation, is the Plaintiff Chungcheongnamnam University Hospital (hereinafter “Plaintiff Hospital”).

3) After receiving surgery and treatment from the medical personnel under his/her jurisdiction, the medical personnel’s negligence led to the vegetable conditions (hereinafter “instant medical accident”).

(2) As a result of the instant medical accident, Defendant A was hospitalized in the Plaintiff Hospital from October 29, 2004 to January 2016, 2016, and Defendant B, the husband of Defendant A, guaranteed the Defendant A’s obligation to pay medical expenses to the Plaintiff Hospital.

B. 1) The Defendants of the first medical lawsuit and their children C and D (hereinafter “Defendant A”) are the Defendants of the first medical lawsuit.

Although the Plaintiff Hospital filed a lawsuit against the Plaintiff Hospital for damages on the ground of the instant medical accident (Seoul District Court 9Da2618), the above court dismissed the Plaintiff’s claim. The above appellate court appealeds as Daejeon High Court 200Na6368, Jan. 17, 2003; the Plaintiff Hospital’s name was estimated as of April 23, 2004 (4.43 years for life), and accordingly, sentenced the Plaintiff Hospital to the judgment that recognized its liability for damages by calculating the daily income, nursing expenses, consolation expenses, and consolation money for the instant medical accident. The above appellate court’s judgment was determined on July 25, 2003 by the Supreme Court 203Da102610, Oct. 26, 200, 2000 for the expected expenditure period of the medical lawsuit (which became final and conclusive as of 2003Da102610, Oct. 26, 2006, 2006.

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